Text: HF02372 Text: HF02374 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 6A.1, Code 1995, is amended to read as 1 2 follows: 1 3 6A.1 EXERCISE OF POWER BY STATE. 1 4 Proceedings may be instituted and maintained by the state 1 5 of Iowa, or for the use and benefit thereof, for the 1 6 condemnation of such private property as may be necessary for 1 7 any public improvement which the general assembly has 1 8 authorized to be undertaken by the state, and for which an 1 9 available appropriation has been made. The state shall have a 1 10 duty to pursue the alternative condemnation that is least 1 11 restrictive to the property owner. The executive council 1 12 shall institute and maintain such proceedings in case 1 13 authority to so dobeis not otherwise delegated. 1 14 Sec. 2. NEW SECTION. 6A.1A FUNDAMENTAL RIGHT TO 1 15 OWNERSHIP. 1 16 The general assembly finds that the right to own property 1 17 is a fundamental right that may only be abridged by a 1 18 compelling state interest. 1 19 Sec. 3. Section 6B.3, Code Supplement 1995, is amended by 1 20 adding the following new subsection: 1 21 NEW SUBSECTION. 8. Notwithstanding any other provision to 1 22 the contrary, the chief judge shall approve the application 1 23 only if the applicant has shown in the application that a 1 24 compelling state interest would be served by condemnation of 1 25 the property. 1 26 Sec. 4. Section 6B.7, Code 1995, is amended to read as 1 27 follows: 1 28 6B.7 COMMISSIONERS TO QUALIFY. 1 29 Before proceeding with the assessment all commissioners 1 30 shall qualify by disclosing their names, addresses, 1 31 occupations, and potential conflicts of interest and by filing 1 32 with the sheriff a written oath that they will to the best of 1 33 their ability faithfully and impartially assess said damages 1 34 and make written report to the sheriff. 1 35 Sec. 5. Section 6B.8, Code 1995, is amended to read as 2 1 follows: 2 2 6B.8 NOTICE OF ASSESSMENT AND COMMISSION MEMBERSHIP. 2 3 The applicant, or the owner or any lienholder or 2 4 encumbrancer of any land described in the application, may, at 2 5 any time after the appointment of the commissioners, have the 2 6 damages to the lands of any such owner assessed by giving the 2 7 other party, if a resident of this state, ten days' notice, in 2 8 writing. Such notice shall specify the day and the hour when 2 9 the commissioners will view the premises, and be served in the 2 10 same manner as original notices. 2 11 The chief judge of the judicial district shall notify the 2 12 landowner, or any lienholder or encumbrancer, in writing, not 2 13 less than ten days prior to the assessment, of the names, 2 14 addresses, occupations, and potential conflicts of interest of 2 15 the members of the compensation commission. 2 16 Sec. 6. NEW SECTION. 6B.34A DUTY OF GOOD FAITH – 2 17 DEPARTMENT OF TRANSPORTATION. 2 18 The state department of transportation shall have a duty to 2 19 act in good faith when complying with the provisions of this 2 20 chapter. A landowner who has been aggrieved by a willful or 2 21 knowing failure by the department to act in accordance with 2 22 this duty shall have an action for an award of treble damages. 2 23 EXPLANATION 2 24 This bill provides that property ownership of real property 2 25 is a fundamental right that can only be abridged by a 2 26 governmental entity for a compelling governmental interest. 2 27 It adds additional safeguards for the property owner when the 2 28 government is taking the owner's property. 2 29 Article I, section 18, of the Constitution of the State of 2 30 Iowa provides that "[p]rivate property shall not be taken for 2 31 public use without just compensation first being made...." 2 32 This provision provides constitutional protection from 2 33 governmental takings of property by allowing for taking of 2 34 property only when the property is taken for a public use and 2 35 requires that just compensation be provided for doing so. 3 1 Chapters 6A and 6B of the Iowa Code that are amended in this 3 2 bill set forth the procedure that a governmental entity must 3 3 follow when taking real property under its power of eminent 3 4 domain. 3 5 The bill imposes a duty on the state to pursue the 3 6 alternative condemnation that is least restrictive to the 3 7 property owner. 3 8 Current law requires that eminent domain proceedings be 3 9 instituted by a written application filed with the chief judge 3 10 of the judicial district of the county in which the land 3 11 sought to be condemned is located. This bill requires that 3 12 the applicant must show a compelling state interest before the 3 13 condemnation application is approved by the chief judge. The 3 14 bill requires that members of the compensation commission 3 15 chosen to assess the damages to the property be required to 3 16 disclose their names, addresses, occupations, and potential 3 17 conflicts of interest and that the chief judge notify the 3 18 landowner, or any lienholder or encumbrancer, in writing, at 3 19 least 10 days before the assessment, of the names, addresses, 3 20 occupations, and potential conflicts of interest of the 3 21 members of the compensation commission. 3 22 Finally, the bill imposes a duty upon the state department 3 23 of transportation to act in good faith when complying with the 3 24 eminent domain procedures in chapter 6B and provides that a 3 25 landowner who has been aggrieved by a willful or knowing 3 26 failure by the department to act in accordance with the duty 3 27 shall have an action for treble damages. 3 28 LSB 3021HH 76 3 29 js/sc/14
Text: HF02372 Text: HF02374 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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